urgent help for student visa after rejection in 320 7a

[hemanshurpatel]

Dear friends
in april 2008 i applied on HSMP, i got approval under old rules, and then i filed for entry clearance in dec 2009.
BUt unfortunately my employer company got closed and so Visa officers coulnd not verify my employer details, and they rejected my entry clearance with 320 (7A). But there is no mention on any ban on me. I even appeal against the decision but still wasn't been able to convince them.

Now i want to apply on student visa basis, i have got admission in london metropolitan university and got 7 band from ielts.
I have got all docs now, CAS 30 points and financial backup along with IT return proofs.

My question is if i apply on student visa can i be converted to 320 (7B) and be banned for 10 years?

what should i do? should i file for student visa or should i not?

please guys help me everything is ready and now when i was at moment before filing came to know about this info that i may be banned for 10 years, i cant decide what to do.

help me please.

[vinny]

See also Deception in an application – paragraph 320 (7A) and RFL5.3 How long are applicants automatically refused for?

Meaning of ‘false representation’.

Are you able to prove your employment details?

[hemanshurpatel]

Thank you vinny
for your prompt reply

i was refused under HSMP and now i am trying for Student visa.... still i cant?
still do you think i wil be banned for 10 years.

One more thing, my refusal letter doesnt mention anything like 320 7A, it says i falls under category 320 (15), and there is no mention of any ban on me on that refusal letter.

If you can please check this letter and can suggest me weather should i apply for sutdent visa or not.

http://picasaweb.google.com/lh/photo/Wc ... directlink
http://picasaweb.google.com/lh/photo/Qx ... directlink

I will be waiting

[hemanshurpatel]

in my appeal i stated that due to financial problems company got closed and so they could not verify the details.

Following ways were mentioned to verify :
# checking of IT return docs
# checking of bank salary account
# my email ID was still working as company hasnt deactivated their website

but they didnt approve any and my appeal also was rejected, but still there was no mention of any ban or future ban.

[vinny]

If you got rejected for using deception in an entry clearance application, then the ban may be for ten years 320(7B)(ii).

However, consider this:

40. Lord Bassam in response dealt with some but not all of these concerns. As for transitional arrangements, he announced what he described as a "concession", namely that the new mandatory rules (ie paragraph 320(7B)) would not apply to anyone here illegally who voluntarily left before 1 October 2008. As for false documentation, he gave a definition of "false document", saying: "We mean a document that is forged or has been altered to give false information. If people submit such documents, our belief is that they should be refused. It will be for the BIA to prove that a document is false, and the standard of proof has to be very high". He gave no assurances specifically about "false representations".

42. ...
What is a false document?

You must refuse the application if you have evidence that a false document has been submitted even if the false document is not relevant to the application or your decision and even if the applicant is unaware that the document is false.

A false document includes: a genuine document which has been altered or tampered with; a counterfeit document (one that is completely false); a genuine document which has been fraudulently obtained or issued; or a genuine document which contains a falsified or counterfeit visa/endorsement" [emphasis added]

my employer company got closed and so Visa officers coulnd not verify my employer details

Is this consistent with

It will be for the BIA to prove that a document is false, and the standard of proof has to be very high

I think you have to clear up the false documents accusation before you can do anything else.

[hemanshurpatel]

But sir my point is what can i do if my company got closed?
as fast as my company got closed i called VFS to inform them, but they told that they can not do anything...
i have mentioned this fact with time, date and no and name of the person in my administrator review, but still they didnt consider.

and isnt that mandatory, that they need to write 320 (7A). They didnt mentione this thing. They rejected me with 320 paragraph 15, which doesnt impose 10 year ban, doesnt't it?

[vinny]

I don't think that it matters whether the deception was under 320(15) or 320(7A). If deception was used in an entry clearance application, then 320(7B)(ii) may still be applicable.

Before applying, get confirmation on the length of any ban that you may be subject to.

If the ban is for 10 years, then I think you have to refute the false documents accusation, or wait until the 10 years is over.